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HomeMy WebLinkAboutNS-1857 - Adding Section 18-2 to Santa Ana Municipal Code and Amending Section to Provide for Enforcemnet or State Law ...REL:jd 1/21/86 (26) ORDINANCE NO. NS-]857 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 18-2 TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 1-18, TO PROVIDE FOR ENFORCEMENT OF STATE LAW REGARDING HAZARDOUS MATERIALS BY THE SANTA ANA FIRE DEPARTMENT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code amended by adding a section, to be numbered 18-2, which reads as follows: is hereby said section Sec. 18-2. Hazardous Materials: Release Response Plans and Inventories. Pursuant to Section 25502 of the Health and Safety Code of the State of California, the City of Santa Ana assumes responsibility for the implementation of Chapter 6.95 (commenc- ing with Section 25500) of Division 20 of the said Health and Safety Code and designates the Santa Ana Fire Department as the administering agency responsible for administering and enforc- ing said chapter. The fire chief is authorized to establish rules and regulations as necessary for such administration and enforcement. Code SECTION 2: That section 1-18 of the Santa Ana Municipal is hereby amended to read as follows: Sec. 1-18. Fire department authority to issue citations. Fire department personnel have the duty to enforce the following provisions: (1) The provisions of Chapter 14 of this Code, including, but not limited to, the provisions ORDINANCE NO. NS-185? Page two of the Uniform Fire Code as adopted and amended by Article I of said chapter; and (2) The provisions of Division II (commencing with Section 12000) and Division 12 (com- mencing with Section 13000) of the Health and Safety Code of the State of California and the regulations adopted by the state fire marshal pursuant to said divisions; and (3) The provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code of the State of California and Section 24800 of said Health and Safety Code as it pertains to said Chap- ter 6.7; and (4) The provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code of the State of california and Section 24800 of said Health and Safety Code as it pertains to said Chapter 6.95; and are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C Title III of Part 2 of the Penal Code of the State of California (commencing with Section 853.6). SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the dcision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, ORDINANCE NO. NS-~857 Page three sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitu- tional. SECTION 4: Neither the adoption of this Ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 21st day of Jul)z , 1986. Daniel E. Griset, Mayor ATTEST ~len ~eo~ ' t~Y~ou n c i/1 COUNCILMEMBERS: Griset Aye Johnson Aye Acosta Aye Hart A?~ Luxembourger McGuigan Lye Young Absent APPROVED AS TO FORM: Edward~ Co~per, City Atto/-n~